This chapter outlines the procedures and information necessary to obtain development approvals. It also establishes procedures for the appeal and review of determinations and decisions of the Planning Commission, Board of Zoning Appeals (BZA) and Community Development Department.

(Ord. 17-O-618, Passed 3-16-17; Ord. No. 23-O-834, § 1(Exh. A), 8-3-23)

A.

The following requirements apply generally throughout this chapter:

1.

All applications for Planning Commission or BZA approval will first be reviewed by the Zoning Administrator or their designee and may be reviewed by the Technical Review Committee (TRC). The Zoning Administrator will prepare a report with recommendations and will make a presentation at the Planning Commission or BZA meetings as appropriate; and

2.

Applications may be reviewed by Planning Commission in a regularly scheduled work session prior to the Commission's regularly scheduled formal meeting as appropriate; and

3.

Unless otherwise indicated within this UDO, all applications for permits or other approvals shall be made to the Community Development Department.

4.

There are five types of zoning reviews. The five types of zoning reviews are listed along with a general description of each type in the following table:

B.

Authority to File Applications.

1.

Except as otherwise provided in this UDO, the reviews and approvals provided herein may be initiated by:

a.

An owner of the property that is the subject of an application; or

b.

An agent of the owner of record authorized in writing to do so.

2.

Notwithstanding anything to the contrary in this UDO, the City of Riverside may initiate an amendment to the Official Zoning map or the text of the zoning code with or without written authorization or application from the property owner or owners who may be affected by such an amendment.

C.

Expiration of Approvals.

1.

Approvals granted by the City of Riverside shall expire if the work has not begun within one (1) year from the date of approval unless indicated otherwise in writing.

2.

If the work described in any zoning certificate has not been substantially completed within one (1) year of the date of issuance thereof, said certificate shall expire and be cancelled by the Zoning Administrator and written notice shall be given to the owner, authorized agent, or contractor. Additional work shall not occur until a new zoning certificate is issued.

3.

If a building, structure, or land is not occupied in compliance with the UDO within one (1) year of the date of issuance of any zoning certificate, said certificate shall expire and be cancelled by the Zoning Administrator and written notice shall be given to the owner, authorized agent, and/or contractor. No occupancy of the building, structure, or land shall occur until a new zoning certificate is issued.

4.

Prior to the expiration of the one (1) year time limit, an applicant may request up to a six (6) months extension, which may be approved by the Zoning Administrator or designee. Any additional requests for extension or an extension greater than six (6) months shall require review and approval by Board of Zoning Appeals unless otherwise stated in this UDO. The applicant must show good cause why tasks could not reasonably be completed within the allotted time frame.

D.

Reapplication after Denial of an Application. If an application is denied, the applicant may:

1.

Appeal the decision in accordance with the applicable appeal procedure established in this code; or

2.

Wait one (1) year prior to resubmitting an application if it remains substantially the same as the original application; or

3.

Make changes to the application that will fully address all issues and findings identified for the denial and resubmit a new application, including any required fees. Any resubmission that occurs within one (1) year of the date of the original denial must include a list of the findings for denial and evidence that shows how the new application has substantially changed to address each of the findings. The Zoning Administrator shall have the authority to determine if the evidence submitted substantially changes the application to address all issues as part of a complete application. If it does not, the Zoning Administrator shall return the application, with the reasons for their determination in writing, along with any paid fees; or

4.

Submit a new application if the proposed use and design of the site will be entirely different than the denied application.

E.

Subsequent Development.

1.

Development authorized by any approval under Chapter 1105 and this UDO shall not be carried out until the applicant has secured all other approvals required by this UDO and any other applicable provisions of the City of Riverside.

2.

The granting of any approval, certificate, or permit shall not guarantee the approval of any other required certificate, permit, or application.

3.

The City shall not be responsible for reviewing an application for compliance with any permits, certificates, or other approvals that may be required by Montgomery County, State of Ohio, or other agencies having jurisdiction.

F.

Notice Requirements. Published and mailed notice for public hearings shall be provided as set forth in Table 1105.03-1, below:

*See Section 1105.05 Consolidated Approvals.

G.

Pre-Application Meeting. Prior to a formal application the applicant or their agent shall have a meeting with the Zoning Administrator and/or Technical Review Committee to discuss the effect the Comprehensive Plan, the Zoning District, code procedures, and other land development regulations would have on the proposed development or land use. In addition, the pre-application meeting may be used to determine what elements may be required in the Concept Plan. Prior to a pre-application meeting the applicant or applicant's agent shall file a plan, pre-application fee, and supporting materials with the Community Development Department. The materials to be submitted shall be determined by the Zoning Administrator or designee and shall be identified on a checklist that is made available to the applicant.

(Ord. 17-O-618, Passed 3-16-17; Ord. No. 23-O-834, § 1(Exh. A), 8-3-23)

Where possible, this section intends to accommodate the simultaneous processing of multiple applications and approvals which may be required for the same development project in order to make the review process as short as possible. The applicant or property owner may request a simultaneous review so long as consolidation application satisfies all requirements of each application. Such possibilities for concurrent filing and processing of applications include, but are not limited to, the following:

1.

A conditional use along with a Site Plan and/or Waiver(s); or

2.

A rezoning along with a petition for annexation into the City of Riverside; or,

3.

A Zoning Text or Map Amendment along with a Preliminary Plat or Preliminary Major Site Plan; or

4.

Preliminary Plat along with a Final Plat per the standards in this code for a major subdivision; or

5.

A Site Plan with Waiver(s); or

6.

Variance(s) along Waiver(s).

(Ord. 17-O-618, Passed 3-16-17; Ord. No. 23-O-834, § 1(Exh. A), 8-3-23)

A.

Definition. Zoning amendments include changes to the Official Zoning Map (rezoning) and/or to the UDO text. A person, corporation, Planning Commission, the Community Development Department, or City Council may initiate amendments. The Community Development Department, Planning Commission and City Council shall review amendments.

B.

Amendment Process: Amendments may be initiated in one of the following ways:

1.

By the filing of an application to Planning Commission by the owners or agent of the owner of the property within the area proposed to be affected or changed by said amendment;

2.

By the adoption of a motion by the Planning Commission; or

3.

By the adoption of a motion by City Council and referral to the Planning Commission; or

4.

By the Community Development Department.

All text and map amendments shall follow the same procedure. City Council initiated text or map amendments shall be referred to Planning Commission for recommendation prior to City Council consideration.

C.

Zoning Map Amendment Standards for Approval. The following criteria shall be followed in approving zoning map amendments to the UDO:

1.

That the zoning district classification and use of the land will not materially endanger the public health or safety;

2.

That the proposed zoning district classification and use of the land is reasonably necessary for the public health or general welfare, such as by enhancing the successful operation of the surrounding area in its basic community function or by providing an essential service to the community or region;

3.

That the proposed zoning district classification and use of the land is not likely to result in significant adverse impacts upon the natural environment, including air, water, noise, storm water management, wildlife, and vegetation, or such impacts will be substantially mitigated;

4.

That the proposed zoning district classification and use of the land will be in harmony with the scale, bulk, coverage, density, and character of the area of the neighborhood in which it is located;

5.

That the proposed zoning district classification and use of the land are appropriately located with respect to transportation facilities, utilities, fire and police protection, waste disposal, and similar characteristics; and

6.

That the proposed zoning district classification and use of the land will not cause undue traffic congestion or create a traffic hazard.

7.

That the proposed zoning district classification and use of land is consistent with the City's adopted plans, goals, and policies.

D.

Text Amendments Standards for Approval. The following criteria shall be followed in approving text amendments to the Unified Development Ordinance:

1.

The proposed text amendment is consistent with the comprehensive plan, other adopted city plans, and the stated purposes of this UDO;

2.

The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions; and

3.

The proposed amendment will promote the public health, safety and general welfare.

E.

Amendment Process Steps. Amendments to the UDO text or map shall be submitted according to the following steps:

1.

Pre-application Meeting. The applicant shall meet with the Zoning Administrator or their designee prior to submitting an application for an amendment in accordance with Section 1105.03.G. The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements;

2.

Neighborhood Meeting. Prior to formally filing a zoning map amendment application a notice shall be sent from the applicant or the applicant's representative announcing a public meeting held by applicant to discuss the proposed project. The notice shall be sent via first class mail through the Unites States Postal Service at the applicant's expense. Failure to hold a neighbor meeting will result in a rejection of the formal application and a delay in the public hearing. Neighborhood meeting requirements:

a.

The applicant shall provide notice to all property owners of property within 300 feet of the area proposed to be rezoned, the Zoning Administrator, City Manager, Planning Commissioners, and Members of the City Council. The notice shall be mailed at least 15 calendar days and no more than 25 calendar days prior to the neighborhood meeting.

b.

A copy of the notice and list of those invited shall be sent to the Zoning Administrator prior to mailing for verification.

c.

The neighborhood meeting shall not occur before 6:00 PM or later than 8:00PM nor on national holidays. The neighborhood meeting shall be held no more than 30 calendar days prior to the formal application filing.

d.

The neighborhood meeting shall be held in a facility within reasonable proximity to the project site with enough space and seating to accommodate those invited.

e.

At time of filing a formal zoning map amendment application, the applicant shall provide a summary of a public meeting between the applicant and the parties listed in Part a. The summary shall include the following:

i.

A list of those invited;

ii.

A list of those in attendance and their addresses;

iii.

A summary of concerns and issues expressed during the meeting; and

iv.

A summary identifying how the applicant addressed the concerns and issues expressed during the meeting.

f.

The neighborhood meeting requirement may be waived by written approval from Community Development Director in such cases as the zoning map amendment application is related to a nonconforming residential property in a non-residential zoning district and meet the below requirements:

i.

The property owner or their representative must submit a copy of a certificate of noncompliance obtained from the City of Riverside.

ii.

The property owner or their representative shall send notice to all property owners of property within 100 feet of the area proposed to be rezoned, the Zoning Administrator, City Manager, Planning Commissioners, and Members of the City Council at least 15 days prior to the formal application submittal. The notice shall include property owner contact information, projection description, and map of the project site.

3.

Preliminary Review by the Zoning Administrator. Upon receipt of an application, the Zoning Administrator shall, within seven (7) business days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the Zoning Administrator shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. The applicant will have 14 days to address the deficiencies and return the revised application to the Community Development Department for review. If it is complete, the Zoning Administrator shall forward the application to the members of the TRC, if applicable. A complete application package shall be forwarded to Planning Commission;

4.

Review by the TRC. The members of the TRC shall review the application and forward comments within ten (10) business days to the Zoning Administrator, who shall then forward the comments of the TRC to the applicant;

5.

Public Hearing and Notice. Within ten business days of determining that an application contains all the necessary and required information and all comments from the TRC have been resolved, the Zoning Administrator shall place the application on a Planning Commission agenda. The notice shall be published in accordance with Table 1105.03-1. The notice shall state the time and place of the hearing and a summary of the proposed amendment. The text of the proposed amendment, maps, and plans (if applicable) shall be on file for public examination in the City of Riverside Administrative Offices;

6.

Notice to Property Owners. If the proposed amendment intends to rezone a parcel or parcels, a written notice of the public hearing shall be provided to all property owners of property within 300 feet of the area proposed to be rezoned. The applicant shall provide to the Community Development Department a list, based upon the County Auditor's current tax lists, of all property owners within 300 feet of the area proposed to be rezoned. The Zoning Administrator shall send such notice, by first class mail in accordance with Table 1105.03-1, to the owners appearing on the County Auditor's current tax list and to such other list verified by staff;

7.

Planning Commission Public Hearing and Recommendation. The Planning Commission shall review the application at a public hearing and recommend action to the City Council. The Planning Commission may recommend that the amendment be approved as requested, approved with modifications by the Planning Commission; or be denied. Planning Commission's failure to act shall be deemed a denial. Planning Commission shall indicate the specific reason(s) for its recommendation. Such recommendation shall require the support of the majority of Planning Commission and shall be forwarded to the City Council in ordinance form;

8.

Notice by City Council and Public Hearing. Following receipt of the recommendation from Planning Commission to either adopt, adopt with modifications, or deny a text or map amendment, the City Council shall introduce the proposed ordinance at a regular or special meeting in accordance with the provisions of the City Charter. The City Manager shall schedule a public hearing on the proposed amendment. Notice of the public hearing shall be published in accordance with Table 1105.03-1;

9.

Action by City Council. After the public hearing, the City Council shall, in ordinance form, adopt by a majority vote of City Council the Planning Commission's recommendation; deny the recommendation; or adopt some modification thereof; and

10.

Effective Date and Effect of Application Denial. The amendment shall be effective 30 days following approval by the City Council unless otherwise indicated by emergency legislation. Following City Council's denial of an ordinance to amend the Official Zoning Map, no application for an amendment to the Official Zoning Map shall be permitted for the same proposal without significant modifications for at least six (6) months from the date of the City Council's denial. If after such six-month period has concluded and City Council denies a second zoning map amendment ordinance, no third application shall be considered for the same proposal without significant modifications until the date that is one (1) year from the date of the second refusal.

E.

Submittal Requirements. The following information shall be submitted:

1.

The name(s), parcel address(s), mailing address(s), email address(s) and telephone numbers of the applicant(s), and the property owner(s) or designated agent if other than the applicant(s);

2.

Legal documentation of the parcel(s) to be rezoned;

3.

A statement of the reason(s) for the proposed amendment which addresses conformity to comprehensive plan and the appropriateness of the proposed zoning district to support any changing physical, social or economic conditions the area;

4.

Present use and zoning district;

5.

Proposed use and zoning district of the subject site;

6.

A development or concept plan of sufficient detail to demonstrate to the Planning Commission the character and objectives of the proposed development and the potential impacts of the development on the community and its environs;

7.

A list of the names and mailing addresses of all property owners within 300 feet of the subject parcel(s) including any properties located in adjoining communities;

8.

Neighborhood meeting documentation;

9.

The payment of the application fee as established by City Council; and

10.

Electronic files of all plans and other required information in a format defined by the Zoning Administrator.

(Ord. 13-O-535, Passed 9-19-13; Ord. 14-O-552, Passed 3-20-14; Ord. 17-O-618, Passed 3-16-17; Ord. No. 23-O-834, § 1(Exh. A), 8-3-23)

A.

General Requirements. The following section summarizes the development approvals permitted under the UDO and the submittal requirements. The subsequent sections of the UDO define the applicable approval processes and details for temporary uses, waivers, variances, and appeals.

1.

Submittal Requirements. The following general requirements shall apply:

a.

Each development approval shall include an application provided by the City of Riverside with the submittal;

b.

The City of Riverside shall process only complete applications. The Zoning Administrator shall make determination as to completeness;

c.

The Technical Review Committee may request additional supporting information which in their professional judgment is necessary to fully examine the applicant's proposal.

1)

No less than fourteen (14) calendar days prior to an original public hearing, or seven (7) calendar days prior to a continued hearing date set by the Commission or Board, the applicant shall submit original or revised site plans, studies, and/or any other required materials prepared by an expert and the findings of which the applicant intends to present at a hearing.

2)

Failure to submit these items within the required time frame may be considered grounds for postponing the hearing or deferring action on the proposal.

d.

The full application fee shall be presented to the City of Riverside with the application; and

e.

The application shall include the name and contact information of the applicant. If the applicant is not the owner then written consent from the owner shall be submitted.

B.

Accessory Uses and Structures Major. A Major Accessory Use or Structure is an accessory use that, because of its size, location, or intensity of activity, may have a significant impact on adjacent property. Uses located on nonresidential properties that are inconsistent with the permitted accessory uses as listed in the applicable zoning district and not listed as a conditional use in the applicable zoning district shall be considered Major Accessory Uses. Structures located on nonresidential properties in excess of or otherwise inconsistent with the provisions of 1115.01.C shall be considered Major Accessory Structures. The Zoning Administrator shall determine if the accessory use or structure is a Major or Minor Accessory Use. The Zoning Administrator considers Major Accessory Uses and Structures for approval as a minor site plan review. See Section 1105.09.K for standards for minor site plan review.

1.

The submittal for approval of a Major Accessory Uses and Structures shall include an application form, a Site Plan, related materials, and application fee. The application shall include at a minimum:

b.

Name and mailing address of the current property owner and/or designated agent;

c.

Property address, parcel identification number and zoning classification of the subject property;

d.

Description of the existing and proposed use; and

e.

Extent of any proposed interior building alterations that may be required as a result of the change in use.

C.

Accessory Uses and Structures Minor. A Minor Accessory Use is an accessory use that will not have a significant impact on adjacent property. Accessory uses and structures that are consistent with the provisions of Section 1115.01 and the permitted accessory uses of the applicable zoning district are considered Minor Accessory Uses. The Zoning Administrator shall determine if the accessory use is a Major or Minor Accessory Use. The Zoning Administrator considers minor accessory uses and buildings for approval. See Section 1115.01 for standards.

1.

The submittal for approval of a Minor Accessory Uses and Structures shall include an application form, a sketch or Site Plan, related materials, and application fee. The application shall include at a minimum:

a.

Name and mailing address of the current property owner and/or designated agent;

b.

Property address, parcel identification number and zoning classification of the subject property;

c.

Description of the existing and proposed use; and

d.

Extent of any proposed interior or exterior building alterations that may be required as a result of the change in use.

D.

Certificates of Zoning Compliance (CZC). The Certificate of Zoning Compliance shall demonstrate that an approved development and/or use of a building structure or land in the case of land uses complies with the requirements of the UDO. No building or other structure shall be erected, constructed, re constructed, enlarged, moved or structurally altered, occupied, nor shall any excavation or site improvements be commenced unless a CZC permit has been issued by the Zoning Administrator.

1.

No new or existing structure or land shall be occupied nor any use be conducted in a building, structure, or land until the following has occurred:

a.

The owner of the property involved or a person having an interest in such property and acting under written authority of the owner has applied for a CZC;

b.

The Zoning Administrator has issued the CZC following approval of the site plan or sketch.

2.

The submittal of a Certificate of Zoning Compliance (CZC) shall include an application and the appropriate sketch or site plan. The application shall include at a minimum:

a.

Name and mailing address of the current property owner or designated agent;

b.

Name of applicant. If the applicant is not the owner than written consent from the owner should be submitted;

c.

Address, parcel identification number, and zoning classification of the subject property;

d.

Description of the existing and proposed use; and

e.

Extent of any proposed interior or exterior building alterations that may be required as a result of the change in use;

f.

Any additional information required by the City of Riverside to determine compliance with this UDO.

3.

A change in the use of a building, structure or land may be approved by the Zoning Administrator if the use is substantially similar to the existing use or another permitted use under the existing zoning district classification as indicated on the Official Zoning Map. A change in use may or may not involve interior or exterior building alterations. A CZC shall become void at the expiration of one year after the date of issuance unless the work or land use described therein has been substantially completed. If construction has not been substantially completed and/or building, structure, or land has not been occupied within one year of the date of the certificate, a new application and certificate shall be required.

E.

Conditional Use. Conditional Uses are those uses that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Planning Commission and the granting of Conditional Use approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same district zone or vicinity. A Conditional Use as listed in a particular zoning district shall be allowed in that zoning district after permission is granted by the Planning Commission in accordance with the provisions of the UDO.

1.

Standards for Approval. The following standards shall be considered in the review of Conditional Use Applications:

a.

The Conditional Use is a use that may be permitted with conditions, in the District for which it is proposed;

b.

The Conditional Use will be in conformity with the Comprehensive Land Use Plan;

c.

The Conditional Use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

d.

The Conditional Use will not be hazardous to or unreasonably disturbing to existing or future neighboring uses;

e.

The Conditional Use will be served adequately by existing public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services;

f.

The Conditional Use will not create excessive additional requirements, at public cost, for public facilities and services and will not be detrimental to the economic welfare of the community;

g.

The Conditional Use will not involve uses, activities, processes, materials, equipment and conditions or operations that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, negative appearance, or odors;

h.

The Conditional Use will have vehicular approaches to the property, which shall be designed so as not to interfere with traffic on surrounding public thoroughfares; and

i.

The Conditional Use will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance as determined by the City of Riverside.

2.

The Planning Commission shall hold a public hearing on a Conditional Use in accordance with Section 1105.07 of this UDO as it relates to the timelines, means, and methods of the Conditional Use Application being reviewed by City Staff, submitted for consideration by the Planning Commission, and the necessary timelines, means, and methods in providing the general public notice of said public hearing.

a.

Action by the Planning Commission. After the public hearing, the Planning Commission shall, by a majority vote approve; approve with conditions or deny the requested Conditional Use application. Failure to act shall be considered a denial.

b.

In the event the Planning Commission approves, or approves with conditions, a Conditional Use application, the applicant shall apply for and secure a Certificate of Zoning Compliance (CZC), as issued by Zoning Administrator within 30 days of Planning Commission's decision. The CZC authorizes the conditional use on the specific parcel(s) for which it was approved. The CZC related to a conditional use approval is non-assignable and shall expire one year from the date of Planning Commission approval, unless otherwise approved by the Planning Commission or prior to that date the applicant commences actual construction or business.

c.

Modifications. This section shall apply to modifications of a previously approved conditional use. A minor change to a conditional use is an incidental change in the character of the approved Certificate of Zoning Compliance (CZC) related to a conditional use application and may be approved by the Zoning Administrator. The Zoning Administrator shall be entitled to refer any application for a conditional use modification to the Planning Commission for review. A major modification to a previously approved conditional use application includes either of the following and shall be reviewed by the Planning Commission:

1)

Expansion of conditional uses that comprise more that 25% of the structure within, or the land upon which, such conditional use has been approved; or

2)

Any other change that, in the reasonable discretion of the Zoning Administrator, materially alters the general intent and character of the approved conditional use application.

The Planning Commission may approve the modification at a regular meeting with no public hearing required. Such a modification shall be subject to the standards of approval found in Section 1105.09.E.1.

3.

Submittal Requirements. The submittal for review of a Conditional Use shall include an application form for a Conditional Use with related materials and fee. The application shall include at a minimum:

a.

Name and address of the current property owner and/or designated agent;

b.

Property address, parcel identification number, and zoning classification of the subject property;

c.

A sketch or site plan to scale including a digital image of all plans, showing the existing and proposed use of the site, all pertinent natural and man-made features, and adjacent development character and buildings;

d.

A statement of need for the proposed use, its location and a report identifying the effects of the proposed use on the surrounding properties and the neighborhood; and

e.

A plan of how the potential negative effects of the proposed use will be mitigated including traffic, parking, noise, light intrusion, solid waste storage, odor, fumes and removal.

F

Floodplain Permit. A Floodplain Permit shall be obtained before construction begins for all development activities located wholly within, partially within, or in contact with an identified special flood hazard area. Application for a Floodplain Permit shall be made on forms furnished and approved by the City of Riverside.

1.

Standards for Approval. The following standards shall be considered in the review of Floodplain Permit applications:

a.

The flood plain application does not include uses that are dangerous to health, safety and property;

b.

The application includes uses that are protected against flood damage at the time of construction;

c.

The alteration of stream channels, natural floodplains and protective barriers are controlled;

d.

The filling, grading, dredging, and other development activities are sufficiently controlled;

e.

The proposed construction floodplain does not cause additional flooding of adjacent property; and

f.

The development complies with all other applicable regulations in Section 1113.19.

2.

Submittal Requirements. The submittal for review of a floodplain permit shall include an application form with related materials and fee. The application shall include but not be limited to:

a.

Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in question; the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.

b.

Elevation of the existing, natural ground where structures are proposed.

c.

Elevation of the lowest floor, including basement, of all proposed structures.

d.

Such other material and information as may be requested by the Floodplain Administrator to determine conformance with and provide enforcement of these regulations.

e.

Technical analyses conducted by the appropriate design professional registered in the State of Ohio and submitted with an application for a floodplain development permit when applicable:

1.

Flood proofing certification for nonresidential flood proofed structure as required in Section 1113.19.X.5.

2.

Certification that fully enclosed areas below the lowest floor of a structure not meeting the design requirements of Section 1113.19.X.4.e are designed to automatically equalize hydrostatic flood forces.

3.

Description of any watercourse alteration or relocation that the flood carrying capacity of the watercourse will not be diminished, and maintenance assurances as required in Section 1113.19.X.9.c.

4.

A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal Emergency Management Agency has provided base flood elevations, but no floodway as required by Section 1113.19.X.9.b.

5.

A hydrologic and hydraulic engineering analysis showing impact of any development on flood heights in an identified floodway as required by Section 1113.19.X.9.a.

6.

Generation of base flood elevation(s) for subdivision and Other New developments as required by Section 1113.19.X.3.

G.

Landscape Plan. A Landscape Plan shall be submitted as part of the site plan review process. Such plans shall be reviewed and approved by the Planning Commission when associated with a site plan application. A Landscape Plan shall be submitted to the Zoning Administrator to coordinate Technical Review Committee review. Proposed landscape treatment shall be indicated on the Landscape Plan and shall not be shown on any separately required Site Plan. Landscape plans shall be submitted with Site Plans as required in Section 1105.09.J. Landscape plans may be submitted to the Zoning Administrator subsequent to Site Plan approval and prior to the issuance of a CZC.

1.

Standards for Approval. The following standards shall be considered in the review of Landscape Plan applications:

a.

The Landscape Plan meets all the requirements and fulfills the purposes and intent of the UDO;

b.

The Landscape Plan is in concurrence with relevant City of Riverside plans and policies;

c.

The public's health, safety and welfare will not be adversely impacted by the proposal; and

d.

The plant materials are approved by the City of Riverside, including sufficiency and invasiveness.

2.

Each landscape plan shall be drawn to scale, show the placement of individual plants and include the following information in print as well as in digital format:

a.

Project name and address;

b.

Project owner's name, address and telephone number;

c.

Developer's name, address and telephone number;

d.

Name, address and telephone number of landscape architect;

e.

Distance from the property to nearest intersecting street;

f.

Signature panel for the Zoning Administrator;

g.

North arrow, scale (determined by the City of Riverside), date and/or date of revisions;

h.

A notation stating, "This landscape plan has been reviewed and approved by the owner/responsible agent who understands that any changes, substitutions, or deletions may require review and approval by the responsible reviewing authority" and a listing of proposed trees and plant material;

i.

The species (common name and botanical name), location and crown spread to scale of all trees existing on the site prior to construction with a caliper of six inches or greater at common breast height. An indication of which trees are to be retained and which are to be remove including a plan for how those to be retained will be preserved;

j.

Existing and proposed buildings and accessory structures to include existing and proposed signs;

k.

Zoning District boundaries and zoning designations of the site and adjacent properties;

l.

Parking and loading spaces showing all required wheel stops, curbs, including full depth curbing around all internal parking lot landscaped islands, driveways, landscape screening, parking lot landscaping, and sidewalks or other pedestrian paths:

m.

All sight distance triangles;

n.

Location, width and names of all existing/proposed streets and watercourses;

o.

Right-of-way lines and property lines;

p.

All easements (provide dimensions and purpose) and location of all existing and proposed utilities, both overhead and underground;

q.

Location and type of trash disposal and details of screening;

r.

Location, height, type and material of all fences, walls, screen planting and landscaping details of all buildings and grounds. Show each individual plant on the plan;

s.

Location of all ground mounted heating, ventilating and cooling equipment;

t.

Location of all transformers;

u.

Square footage measurements of the total site, building, parking and hard surface areas, and landscape areas. Show percentage of landscape area for the total project. For parking spaces, show percentage of interior landscape area;

v.

Dimensions and distances of landscape buffer yards as required in Section 1113.07;

w.

All landscaping materials shall meet the minimum specifications and standards as may be required by the Zoning Administrator and/or City Engineer;

x.

Grading plan, including mounding, and topographical lines at two one-foot intervals.

3.

Alternative Landscape Plan. Under certain conditions, the strict application of the regulations contained within this section may be impractical. It is not the intent of this section to discourage innovative, aesthetically pleasing landscaping design. Thus, the developer may, at their option, submit an Alternative Landscape Plan which conforms to the spirit and intent of Section 1113.07 while varying from its specific requirements to the City of Riverside. An Alternative Landscape Plan may be submitted as part of an overall site plan in accordance with Section 1105.09.J. for a site. The Alternative Landscape Plan shall be provided at the time of submittal. Said Alternative Landscape Plan and justification statement shall be forwarded to the Zoning Administrator for a recommendation. The plan presented must be deemed a substantial improvement over the minimum requirements of this section by the Planning Commission. Requests for Alternative Landscape Plans will be accepted for review only when one or more of the following conditions apply:

a.

The site involves space limitations or is an unusually shaped lot;

b.

Topography, soil, vegetation, or other physical conditions of the lot are such that full compliance is impossible or impractical;

c.

Public safety considerations are involved; and

d.

Impact on the environmental quality of the lot and surrounding area will be improved with the proposed Alternative Landscape Plan.

H.

Lighting Plan. Prior to the issuance of a Certificate of Zoning Compliance (CZC), plan demonstrating compliance with the exterior lighting standards of Section 1113.09 will be submitted and approved by the City Engineer. A preliminary or a final Lighting Plan shall be provided at the time of submittal of a Site Plan. A final Lighting Plan must be submitted to the City of Riverside subsequent to approval of Site Plan and prior to the issuance of a CZC.

1.

Standards for Approval. The following standards shall be considered in review of Lighting Plan applications:

a.

The Lighting Plan meets all the requirements and fulfills the purpose and intent of the UDO;

b.

The Lighting Plan is in concurrence with relevant City of Riverside plans and policies;

c.

The public's health, safety and welfare will not be adversely impacted by the proposal;

d.

The exterior lighting meets illumination standards; and

e.

The lighting system is designed to conserve energy.

2.

The Lighting plan shall be submitted along with other required site information to the Zoning Administrator to coordinate review with the Technical Review Committee. The Lighting Plan shall include at a minimum:

a.

Scaled building plans, site plans and elevations shall be submitted showing property boundaries, building location(s), parking lot layout, driveways, pedestrian pathways, all building entrances, adjacent right-of-way, north arrow, scale, address or legal description, and locations of all luminaries, controls, and electrical transformers;

b.

Cut sheets (profiles) shall be submitted for all proposed exterior luminaries and poles.

c.

Scaled iso foot candle plots and/or point by point foot candle layouts shall be submitted demonstrating compliance.

d.

During the design and/or construction process after zoning approval, changes shall be reviewed for re approval prior to final acceptance.

e.

Preliminary Lighting Plans shall include exterior building, parking lot, and site lighting. Sample cut sheets indicating pole and luminary height, color, temperature, as well as intensity of illumination in foot candles on a point by point or iso foot candle map shall also be provided.

I.

Sign Permit. No sign, whether permanent or temporary, shall hereafter be erected, constructed or maintained until the Zoning Administrator or their designee has issued a sign permit. A detailed sign plan may be required at the time of the Site Plan submittal as may be required to assure compliance with the UDO.

1.

Standards for Approval. The following standards shall be considered in the review of Sign Permit applications:

a.

The Sign Permit application meets all the requirements and fulfills the purposes and intent of the UDO;

b.

The Sign Permit application is in concurrence with relevant City of Riverside plans and policies; and

c.

The public's health, safety and welfare will not be adversely impacted by the proposal.

2.

A sign plan shall be provided at the time of the Site Plan or in association with a sign permit application will include:

a.

Name and address of the owner of the sign;

b.

Name and address of owner or the person in possession of the premises where the sign is located or to be located;

c.

Clear and legible drawings showing the location of the sign(s) that are subject to the permit including the sign's location with respect to existing right-of-way and property lines and all other existing signs that are on the same premises; and

d.

Drawings showing the dimensions, supporting structure, size, electrical wiring and components, sign materials, and method of attachment.

J.

Site Plan, Major. The two step Major Site Plan review and approval process includes submission of a Preliminary Site Plan and a Final Site Plan. The TRC shall review both plans. Depending on the scope and complexity of the project proposed, the TRC may permit the Preliminary Site Plan and the Final Site Plan to be combined as one submission. That request should be made to the Zoning Administrator for a recommendation and TRC approval. Approval of a Major Site Plan by Planning Commission is required for zoning approval prior to construction.

1.

Uses Requiring Major Site Plan Review: The following uses, developments, and additions to uses require a major site plan review:

a.

Any new development or redevelopment in all zoning districts, including conditional uses;

b.

Commercial, office, industrial and all other nonresidential buildings and structures, including additions greater than 10,000 square feet;

c.

Any change in previously approved major site plan;

d.

The conversion of an existing residential use to a nonresidential or higher density residential use;

e.

Public buildings and structures (including parks) but to exclude any such facilities as owned and/or operated by the City of Riverside; and

f.

Any mixed use development.

2.

Standards for Approval. The following standards shall be considered in the review of Major Site Plan applications:

a.

That it fully complies with all applicable requirements of the UDO and conforms to the Comprehensive Land Use Plan;

b.

That it adequately protects other property or residential uses located in the vicinity from the potential adverse effects of a nonresidential use which includes noise, lighting, signage, landscaping, accumulation of litter and other factors deemed to affect public health, welfare, safety and convenience;

c.

That it is consistent with the use and character of surrounding properties;

d.

That it provides safe conditions for pedestrians and motorists and prevents the dangerous arrangement of pedestrian and vehicular ways nor causes traffic congestion;

e.

That it provides safe ingress and egress for emergency services;

f.

That it reflects and is sensitive to the history, climate, topography, vegetation, natural features, and building characteristics of the surrounding community; and

g.

That it shall not result in undue or unnecessary burdens on the City's existing infrastructure and public improvements, or arrangements shall be made to mitigate such impacts.

3.

Following approval of a Final Major Site Plan by the Planning Commission, the applicant shall apply for and secure a CZC based on the plans approved, as amended, by the Planning Commission within 30 days of Planning Commission's decision. The CZC approval shall be valid for a period of 12 months unless otherwise stated by the Planning Commission. Unless the required CZC is properly submitted and approved within the 30-day period, the approval shall be voided unless written request for time extension is submitted to and approved by the Zoning Administrator. Such an extension shall not exceed six (6) months without Planning Commission approval.

4.

Submittal Requirements. The following outlines the submittal requirements for Preliminary and Final Major Site Plan. Relative to the approval process, each Preliminary and Final Major Site Plan must be approved through the same process.

a.

Preliminary Major Site Plan. Application for a Preliminary Major Site Plan shall be provided at the time of submittal. The Preliminary Major Site Plan shall be comprised of the following information:

i.

A general supporting statement. This is a narrative that explains what is being proposed and why. The narrative shall explain the development proposal in context of existing structures on the property and adjoining properties and shall provide the approximate allocation of land use by acreage and type and shall provide an estimate of the population of the project at build out;

ii.

An existing conditions plan at a scale determined by the Zoning Administrator indicating existing topography, property boundaries, trees, structures, pavements, utilities, and the location of existing directly adjacent properties and their structures;

iii.

Proposed site plan at a scale determined by the DPPM indicating pavement, structures, service areas, loading areas, parking circulation, trash dumpsters, setbacks, vegetation to remain, points of access, proposed grading required screens and buffers, and related site improvements. This plan shall include the location of existing contiguous properties and their structures;

iv.

Conceptual architectural design and landscape planting;

v.

Elevation drawings of the site sections. The scale of these sections shall be determined by the Zoning Administrator;

vi.

Engineering feasibility comments, report or study from a civil engineer for water, sanitary sewer and storm water utilities, traffic flow impacts; and

vii.

All plan documents should be accompanied by digital images in a format accepted by the City of Riverside.

viii.

Any other information as requested by the Technical Review Committee.

b.

Major Final Site Plan. Application for a Final Major Site Plan shall be provided at the time of submittal. In addition to the Preliminary Major Site Plan requirements outlined in the subsection above, the Final Major Site Plan submittal shall include the following:

i.

Boundaries of the tract and legal description;

ii.

Locations of buildings, streets, drives and parking areas. Locations and dimensions of rights-of- way, easements and all land to be dedicated to the City of Riverside or reserved for specific uses;

iii.

Proposed building floor plans to a reasonable scale;

iv.

Proposed building elevations to a reasonable scale;

v.

Proposed exterior material schedule which identifies all exterior and site structure materials and color, if requested;

vi.

Illustration of general architectural concepts including perspective renderings and building/site cross sections, which may be needed to explain concepts, if applicable or requested;

vii.

Location of existing trees or tree cover that will remain. Location of all individual trees on the site plan with diameters/calipers of six inches or greater;

viii.

Location of public utility services, including storm drainage;

ix.

Indicate whether streets and utilities are to be publicly or privately owned and maintained;

x.

The location and dimensions of rights-of-way, easements and all lands to be dedicated to the City of Riverside or reserved for specific uses;

xi.

Location of proposed construction limits and areas to remain undisturbed;

xii.

Proposed landscape plan prepared by a registered architect, or landscape architect, integrated with a grading plan, at a scale determined by the City of Riverside indicating existing trees to be saved, new plantings, and a schedule of plant material showing proposed sizes and quantities;

xiii.

Location, dimensions, (including height, square feet and language) and elevations of all signs;

xiv.

Exterior lighting plan and specifications including light color temperature, cut off angle, distribution plan, intensity in foot candle value within the light distribution area produced by the fixture(s) proposed, and the values of these foot candle levels at all property lines;

xv.

Elevation drawings of the site sections. The scale of these sections shall be determined by the Zoning Administrator;

xvi.

Grading plan including storm drainage plans drawn by a licensed civil engineer;

xvii.

Engineering plans for sanitary sewer, storm sewer and pavements by a licensed civil engineer;

xviii.

A plat of the proposed development area showing street right-of-way, subdivided and common land and easements in accordance with the requirements of the UDO which shall be in form for recording; and

xix.

A text describing the character of the proposed development and includes standards that are supplemental to, and supportive of, the development standards contained within in the UDO.

K.

Site Plan, Minor. The Zoning Administrator shall have decision-making authority for all Minor Site Plan Reviews.

1.

Uses Requiring Minor Site Plan Review. The following uses, developments, and additions to land uses require a minor site plan review:

a.

Major accessory structures or uses;

b.

Commercial, office, industrial and all other nonresidential additions less than 10,000 square feet;

c.

Modifications to an existing site plan if the change involves 25% or less of the original floor area, not to exceed 5,000 square feet.

2.

Standards for Approval.

a.

It fully complies with the applicable requirements of the UDO and conforms to the Comprehensive Land Use Plan;

b.

It adequately protects other property or other uses located on the same property;

c.

It is consistent with other development on nearby property;

d.

It provides safe conditions for pedestrians and motorists and prevents a dangerous arrangement of pedestrian and vehicular ways;

e.

It provides safe ingress and egress to emergency vehicles on the site;

f.

It reflects and is sensitive to the history, climate, topography, vegetation, natural features, and building characteristics of the surrounding community; and

g.

It shall not result in undue or unnecessary burdens on the City's existing infrastructure and public improvements, or arrangements shall be made to mitigate such impacts.

3.

Submittal Requirements. An application form shall be completed by the developer or property owner and submitted with the Site Plan. The application form shall be provided by the City of Riverside. The submittal requirements for a Minor Site Plan include the following:

a.

Name and address of current property owner or designated agent;

b.

An accurate legal description prepared by, or certified by, a registered surveyor of the state;

c.

The property location map showing existing property lines, easements, utilities, and street rights-of- way;

d.

A site plan, prepared by a civil engineer, landscape architect or architect drawn at a suitable scale not to exceed one inch equals 100 feet indicating use, location, and height of existing and proposed buildings and structures, including accessory buildings, structures and uses, along with notation of the development standards for building spacing, setback from property lines, and maximum building heights along with a notation of the development standards for maximum building height. The site plan should also show the location and conformation of off street parking and loading areas, the arrangement of internal and in out traffic movement including access roads and drives and the location of signs related to parking and traffic control;

e.

Topographic maps with sufficient elevations to show existing and generally proposed grading contours, major vegetation features, wooded areas and existing trees over six inches in diameter measured at the average breast height;

f.

Proposed landscaping plans indicating the preliminary description of the location and nature of existing and proposed vegetation, landscaping, screening elements and existing trees to be removed;

g.

Elevation drawings of proposed structures, floor plans, exterior construction materials, by type and color;

h.

Building by type; total building square footage; and overall density (units per acre) and intensity (lot coverage);

i.

Preliminary grading and storm water management plan; and

j.

Other information necessary for the evaluation of existing site conditions and proposed development as deemed necessary by the Technical Review Committee.

L.

Subdivision, Major. A Major Subdivision is a platting of land for the purpose, whether immediate or future, of sale, lease, or development; or if a new street is involved, any division of a parcel of land. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdivision or to the land subdivided. It requires approval of a Preliminary Plat and Final Plat by the Planning Commission and recording of the final plat prior to the transfer of land. Consolidation of existing lots, parcels or tracts by deed or other recorded instrument; or the creation of an easement other than an access easement (e.g. utility easement, etc.) shall not be considered a major subdivision.

1.

Standards for Approval. The following standards shall be considered in the review of Major Subdivision applications:

a.

The proposed subdivision meets all applicable standards of the UDO;

b.

The proposed lots in the subdivision shall have adequate space to accommodate the building area and other site requirements;

c.

The property has been surveyed and a record plat prepared and other information relating to the property has been submitted with the application including electronic copies;

d.

The proposed lots have been approved for access management, utility management and storm water management;

e.

The proposed lots have been approved relative to emergency access;

f.

The topography and natural features of the land with special reference to floodplains if applicable;

g.

The rights-of-ways of proposed subdivision are designed and located to facilitate the safe movement of pedestrians and bicyclists; and

h.

The proposed subdivision includes bicycle and pedestrian facilities, or open space located and designed in accordance with current City standards.

2.

Submittal Requirements. An application form shall be completed by the developer/ subdivider and submitted with the Major Subdivision Plat. The application form shall be provided by the City of Riverside. The following information shall be provided upon submittal of an application for a Major Subdivision:

a.

Major Subdivision—Preliminary Plat Application and Base Information. An application form shall be completed by the developer/subdivider and submitted with the Preliminary Plat and required supplemental information at the time of submittal. The required fees shall also be paid at the time of application submittal. The Zoning Administrator shall confirm the receipt of a complete application package meeting the requirements of the UDO prior to scheduling the application on the Planning Commission agenda. The Preliminary Plat shall be to a scale determined by the City of Riverside. When more than one sheet is required, an index shall be incorporated into the title block. The Zoning Administrator, in consultation with the TRC, may approve the consolidation of the submittal requirements provided the intent of this section is met. The Preliminary Plat shall contain the following information at a minimum:

1)

Name and address of developer, property owner or designated agent, land planner, landscape architect, engineer and/or surveyor;

2)

Adjoining property owners, deed references and/or recorded subdivision names, recording references and adjoining property structures within 300 feet or as specified by the Zoning Administrative;

3)

Vicinity map (section and range);

4)

The ownership, acreage and boundaries of all adjacent properties within 300 feet of the subdivision or as specified by the Zoning Administrator. If a recorded subdivision adjoins the subject site, the subdivision name, lot numbers and recording number shall be indicated with dashed lines;

5)

North arrow;

6)

Title block shall be in the lower right hand corner. The title block shall include title "Preliminary Plat", sheet title, proposed subdivision name, developer and preparer, scale of the plan, tax map and parcel numbers, sheet index, date and revisions numbered and dated;

7)

Boundary of the proposed subdivision clearly indicated by a heavy line with bearings and distances; and

8)

Existing topography at two foot intervals for slopes between two and ten percent and at ten foot intervals for slopes greater than ten percent. Contour lines shall be indicated at least 50 feet beyond the subdivision boundary. For slopes under two percent, one foot contour intervals shall be shown.

b.

Preliminary Plat—Existing Conditions. The Existing Conditions Map and text shall indicate the subdivision and all property within 200 feet of the subdivision or as specified by the Zoning Administrator, with the following conditions depicted to scale:

1)

Existing generalized natural features, topographic map of existing site;

2)

Existing zoning;

3)

Existing utilities, including water, sanitary sewer and stormwater facilities, (indicating approximate pipe size and directions of slope); underground transmission lines; electric and telephone poles; street lights; fire hydrants; landfills; and public utility easements;

4)

Existing streets and roads, including locations, widths and names of all streets and roads; existing easements; and streets which have been preliminarily approved or recorded but which remain unimproved shall be indicated;

5)

Existing community facilities, including parks and recreation facilities.

c.

Preliminary Plat—Proposed Subdivision Plan. The following proposed improvements are to be superimposed on top of the Existing Conditions Map:

1)

Proposed generalized land use, including proposed building footprint(s);

2)

Proposed layout of all proposed and existing lots with approximate dimensions and minimum area in square feet (acres if lot size is greater than 100,000 square feet),section number, phase number and parcel number, building lines, lot frontages and required setbacks;

3)

Lot numbers in numerical order throughout the entire subdivision;

4)

The location, dimensions, use and area of all property proposed to be reserved or temporarily reserved for public use, or reserved for the use of all property owners in the subdivisions and the location, dimensions and purposes of any proposed easements; and

5)

Total number of lots, area of lots and parcels, area of public roadways, areas of public and private open space dedications, and total area of the subdivision.

d.

Preliminary Plat—Proposed Water, Sanitary Sewer, and Stormwater. The following improvements are to be superimposed on top of the Existing Conditions Map:

1)

Proposed water and sewer systems;

2)

Proposed drainage and stormwater management systems, including: the type of structures; drainage easements; proposed changes in topography; the 100 year floodplain (floodway and floodway fringe shall be indicated separately); and

3)

A preliminary storm drainage study including an evaluation of drainage structures and/or drainage systems, both upstream and downstream, affected by the drainage from the area covered by the Preliminary Plat, as directed by the City Engineer.

e.

Preliminary Plat—Proposed Circulation. The following improvements are to be superimposed on top of the Existing Conditions Map:

1)

Proposed streets and roads, including widths of rights-of-way and pavements; tentative profiles of each street centerline; tentative horizontal curve data; and typical cross sections of each type of street proposed;

2)

Proposed sidewalks and bike paths, including locations; widths of rights-of-way; surface widths; and typical cross sections; and

3)

Proposed locations of street trees and landscape features.

f.

Preliminary Plat—Proposed Sedimentation and Erosion Control. The following improvements are to be superimposed on top of the Existing Conditions Map:

1)

Locations and extent of tentative erosion and sedimentation control measures; and

2)

A Preliminary grading plan for the entire area covered by the Preliminary Plat.

g.

Final Plat. The subdivider/developer shall, within six (6) months, submit to the Community Development Department the final plat, together with the application for and any such accompanying documents as may be required following of the date of the Planning Commission's approval or conditional approval of a preliminary plat. One (1) additional six (6) month extension may be granted by the Community Development Director or their designee if the subdivider/developer demonstrates that the delay in filing the final plat was due to reasons beyond their control. The final plat shall reflect the preliminary plat considered at the public hearing and as previously approved or conditionally approved by the Planning Commission and shall adequately address all conditions (if any) specified in any conditional approval by the Commission and shall contain information and supporting materials as specified by the Zoning Administrator. The following supplementary information shall be supplied in addition to these requirements:

1)

Boundary Lines. All plat boundary lines with lengths of courses to hundredths of a foot and bearings to half minutes. These boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed with an error of closure of not to exceed one to 10,000.

2)

Recorded Streets. The exact location and the width along the property line of all existing recorded streets intersecting or paralleling the boundaries of the tract.

3)

Bearings. True bearings and distances to nearest established street bounds, patent or other established survey lines, or other official monuments, which monuments shall be located or accurately described on the plat. Any patent or other established survey or corporation lines shall be accurately monument marked and located on the plat, and their names shall be lettered on them.

4)

Monuments. The accurate location and material of all permanent reference monuments.

5)

Site Layout. The exact layout including:

i.

Streets and alley lines their names, bearings, angles of intersection and widths (including widths along the line of any obliquely intersecting street);

ii.

The chord length of all arcs radii, points of curvature and tangent bearings;

iii.

All easements and rights-of-way, when provided for or owned by public services (with the limitation of the easement rights definitely stated on the plat); and

iv.

All lot lines with dimensions in feet and hundredths, and with bearings and angles to degrees, minutes and seconds if other than right angles to the street and alley lines.

6)

Lot Numbers. Lots shall be numbered in numerical order.

7)

Property Offered for Dedication. The accurate outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivisions, with the purpose indicated thereon. All lands dedicated to public use other than streets or roads shall be marked "Dedicated to the Public". Streets and roads not dedicated shall be marked "Private Street."

8)

Setback Lines. As shown on the preliminary plat. Side and rear setbacks marked "for reference only" do not constitute a separate covenant.

9)

Name of Subdivision. Name of subdivision and name or number of the largest subdivision or tract of which the tract now subdivided, forms a part and section number, if part of a larger subdivision.

10)

Adjoining Subdivision. Names and locations of adjoining subdivisions and location and ownership of adjoining unsubdivided property.

11)

Names of Owners. Names and addresses of the owner of record, the subdivider, and of the engineer or surveyor.

12)

All plat plans shall include a north arrow, scale, date and title.

13)

Engineer's Certificate. A certificate by a registered professional engineer or surveyor to the effect that said plat was prepared by him, pursuant to an actual survey of the premises and that said plat is correct.

14)

Owner's Certificate. A certificate by the owner of the land to the effect that he has caused said land to be platted and that he dedicates to public use the streets, open space and other lands indicated on the plat as intended for public use. The certificate shall be executed as a conveyance is executed.

15)

Bond, Letter of Credit or Certificate to Ensure Street Construction. Security must be accepted by the City of Riverside with the review and approval of the Law Director, City Engineer and Finance Director, to ensure that street improvements will be satisfactorily completed.

h.

Final Plat—Construction Documents. The Final Plat shall include a set of construction drawings and specifications of improvements. This shall be a set of construction plans prepared by a registered professional engineer that shall include typical sections, plan and profile views, construction details, and estimates of quantities. A set of construction drawings and specifications for all improvements shall be provided to the City Engineer.

i.

Final Plat—Security for Construction. In lieu of constructing improvements, the subdivider may apply for Final Plat approval by insuring completion of the required improvements by one of the following methods and review and approval by the City Law Director, the City Engineer, the Zoning Administrator, and the Finance Director:

1)

A surety performance bond and/or irrevocable letter of credit running to the City of Riverside in an amount sufficient to cover the full cost of said improvements as estimated by the officials having jurisdiction, to assure the satisfactory installation of said improvements in accordance with its regulations;

2)

The subdivider may deposit with the City of Riverside's Director of Finance, the sum not less than the total estimated improvement cost, to be held in escrow to guarantee the satisfactory completion of said improvements within the required time, the form of said escrow agreement to be subject to the approval of the Director of Finance and the City Law Director and which agreement may provide for the making of payments from such funds from time to time upon certificates of the City Engineer that the balance remaining after such payments will, in their opinion, be adequate to pay the remaining costs of said improvements;

3)

The Subdivider may deposit with the Director of Finance a certified check in the amount of the total estimated improvement cost to be held in escrow until the satisfactory completion of construction, unless a default in the completion of said improvements occurs, in which event the check may be cashed by the Director of Finance and the proceeds thereof used to complete the improvements, to pay claims connected therewith for which the subdivider may be liable, or to cure any other default of the subdivider connected with the making of said improvements; and

4)

Inspection fee(s) shall be paid at the time of scheduling an on-site inspection.

j.

Final Plat—Construction of Buildings. Construction of buildings shall not be permitted until all improvements are completed and accepted by the City of Riverside.

k.

Final Plat Regulations Concerning Improvements Required in Subdivisions.

1)

Required Minimum Improvements. Minimum improvements shall be installed in the case of subdivisions within the City of Riverside, in accordance with the requirements of the UDO.

2)

Time for Construction of Improvements. All required improvements shall be constructed within two years of the acceptance of the Final Plat by the Planning Commission.

3)

Street Construction. Streets shall be graded to full width of the right-of-way and fully constructed with asphalt pavement or concrete pavements surfaced with asphaltic or Portland cement concrete wearing surfaces, concrete curbs and gutters with tile under drain and porous backfill and proper storm drains and inlets. Streets constructed within this City of Riverside shall be in conformity with the plans and specifications for street construction adopted by City Council, duplicates of which shall be kept on file in the office of the City Manager and the City Engineer.

4)

Water Supply. Where a public water supply main is reasonably accessible, the subdivision shall be provided with a complete loop type water distribution system adequate to serve the area being platted, including a connection for each lot and appropriately spaced fire hydrants in accordance with the requirements of the Riverside Fire Department. Water lines must be sized to provide sufficient fire flow to meet local fire department requirements.

5)

Storm Drainage. Every subdivision shall be provided with a storm water sewer or drainage system adequate to serve the area being platted and otherwise meeting the requirements of Section 1113.17 Drainage Adjoining ground at a higher elevation must be included in stormwater design.

6)

Sewerage. Where a public sanitary sewer main is reasonably accessible, the subdivision shall be provided with a complete sanitary sewer connected with such sewer main, including a lateral connection for each lot.

7)

Electric and Telephone Lines. Where it is necessary to locate electric or telephone lines in the street right-of-way, said lines shall be buried, unless otherwise approved by the City Engineer, and shall be not closer less than nine feet six inches to the back of curb.

8)

Street Signs. The City of Riverside will erect the necessary street signs. The subdivider shall reimburse the City of Riverside for the cost thereof.

9)

Construction Plans. Construction plans, including the following, for improvements shall be furnished in accordance with the specifications of the City Engineer and shall receive approval of the City Engineer and the Fire Department before improvements are installed, and before approval of the Final Plat:

i.

The centerline or top of curb profile of each proposed street, with tentative grades indicated;

ii.

The cross section of each proposed street, showing the width of pavement, the location and width of sidewalks and the location and size of the utility mains and thickness of materials specified;

iii.

The plans and profiles of proposed sanitary sewers and storm water sewers, with grades and sizes indicated, or method of sewage or storm water disposal in lieu of sewers;

iv.

A plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants;

v.

A drainage plan showing all existing and proposed storm sewers, manholes, catch basins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto, with pipe sizes and grades, and waterway openings indicated thereon. The drainage plan shall show the method to be used for the adequate disposal of all storm water, including drainage outlets, and such other data as may be required by the City Engineer and Section 1113.17; and

vi.

Submit worksheets showing that storm and sanitary pipe crossings and the design of catch basins at street low points.

10)

Inspection. Prior to the start of any work covered by the above plans, after approval thereof and the payment of inspection fee(s), arrangements shall have been made to provide for inspection of the work sufficient, in the opinion of the City Engineer, to ensure compliance with the plans and specifications as approved.

11)

Completion of Construction. The construction of all improvements required by these rules and regulations must be completed within two (2) years from the date of approval of the final plat by Planning Commission, unless good cause can be shown for the granting of an extension of time by authority of the Planning Commission.

12)

Maintenance After Approval. For a period of one year from the date the constructed improvements were accepted by the City of Riverside, the subdivider shall make such repairs or replacements as may be required and assured in the maintenance bond by reason of defective workmanship or material. All other applicable warranties with also apply.

M.

Subdivision, Minor. A Minor Subdivision is the division of land into no more than five (5) tracts or lots, provided that such subdivision does not involve the creation of any new public or private streets. A Minor Subdivision is approved by the Zoning Administrator and does not require a plat to be approved by Planning Commission. Further division of an approved minor subdivision (exceeding the total of five lots in any 12 month period shall require the subdivider to proceed under the provisions governing major subdivisions.

1.

Standards for Approval. The following standards shall be considered in the review of Minor Subdivision applications:

a.

The proposed subdivision meets all applicable standards of the UDO;

b.

The proposed subdivision shall have adequate area to accommodate the building area and other site requirements;

c.

The property has been surveyed and an acceptable drawing, legal description and other information relating to the property has been submitted with the application;

d.

The proposed lot has been approved for access management and storm water management;

e.

The proposed lot has been approved relative to emergency access;

f.

The proposed subdivision shall result in no more than five parcels including the parent (original) parcel; and

g.

The Director of Public Services and/or the City Engineer and any other applicable review agencies have no objections that cannot be resolved by the applicant.

2.

Submittal Requirements. The Minor Subdivision Plat shall be provided at the time of submittal. An application form shall be completed by the developer/subdivider and submitted with the Minor Subdivision Plat. The application form shall be provided by the City of Riverside. In order to be complete and to be accepted for review and processing, all Minor Subdivision proposals must be legible and include or comply with the following:

a.

Name, address, telephone number, fax number and email address of the existing property owner;

b.

Name, address, telephone number, fax number and email address of the surveyor or preparer of the submittal if different from the property owner;

c.

Location and size of existing and proposed parcels, including date of creation of existing parcel to be split;

d.

North arrow and bar scale;

e.

Location information including: location map, adjacent or frontage roads, adjacent parcel ownership, proposed easements of access, etc.;

f.

Acreage of all proposed lots and acreage of all remaining property resulting from the division of the original parcel, including existing and proposed boundaries;

g.

Proposed building envelope, building footprint, and proposed site drainage, and grading as may be required by the TRC if existing data indicates a situation where development constraints should be addressed in detail sufficient for approving the development proposal;

h.

Site drainage and 100 year floodplain (floodway and floodway fringe, elevation and boundaries);

i.

Steep slopes, ravines, drainage swales, and all other natural features;

j.

All other natural and built features or conditions that in the determination of the TRC PPMD is directly relevant to the ability of the proposed lot(s) to be buildable per these regulations. Existing topography at two foot intervals for slopes under ten percent and ten foot intervals for slopes greater than ten percent or as approved by the TRC if topographic characteristics of the site and/or adjacent properties indicates a situation where development constraints should be addressed in detail sufficient for approving the development proposal;

k.

Any and all proposed easements, reserve areas or no build zones; and

l.

A filing fee shall be charged and must be paid at the time that the final survey is filed with the City of Riverside.

N.

Temporary Use. The Zoning Administrator may approve a temporary use. Any temporary use including, but not limited to outdoor displays, outdoor seasonal sales, temporary construction facilities, residential model home, or similar activity shall require a zoning certificate. Temporary uses and structures may be permitted in any zoning district in accordance with the zoning certificate that may be issued upon written application to the Zoning Administrator or their designee. The Zoning Administrator, subject to the requirements of the section, must approve, deny, or approval with conditions a temporary use and/or structure certificate request. This section specifically excludes weddings, other private parties, special events, and garage sales.

1.

Standards for Approval. The following standards shall be considered in the review of Temporary Use applications:

a.

The proposed Temporary Use meets all requirements of the UDO;

b.

The site, if undeveloped, contains sufficient open space to support the Temporary Use;

c.

The location of the Temporary Use on a site, if developed, shall be placed in a manner that does not interfere with the function of the permanent use;

d.

The Temporary Use has sufficient off street parking in a manner outlined in the UDO; and

e.

The public's health, safety and welfare on and around the Temporary Use are assured.

2.

Submittal Requirements. A Temporary Use application shall be provided at the time of submittal. An application for a temporary use shall be filed with the City of Riverside on a form prescribed by the Community Development Department, along with the fee for such permit and the following information:

a.

A sketch plan which may include designating the location of entrances and exits, tents, stages, signs, and trailers;

b.

Description of the temporary use or structure;

c.

The location and of the temporary use or structure on the property;

d.

The date and time of the proposed temporary use;

e.

Location of all existing buildings, structures, parking lots, and other physical improvements on property.

3.

Duration of Temporary Use Certificate. A temporary use or structure certificate shall be for a fixed term established at the time of issuance not to exceed 90 days. Only two certificates shall be issued to the same applicant, land use, or development project for the same premise each calendar year. Within two (2) days after the termination of the certificate, the responsible party must remove all temporary structures, items and debris, and restore the premise to a safe condition.

4.

The applicant shall be responsible for obtaining any other required permits, certificates, or other approvals from Montgomery County, State, or other agencies having jurisdiction.

O.

Variance, Major. A Major Variance involves permission to depart from the literal dimensional requirements of the UDO which requires public review for consideration. The BZA shall consider and decide on any Major Variance of this UDO in which the proposed variation is greater than 20 percent of the applicable standard. The procedures for considering a Major Variance are included in Section 1105.15.

P.

Variance, Minor. A Minor Variance involves permission to depart from the literal dimensional requirements of the UDO which does not require public review for consideration. The Zoning Administrator shall consider and decide any Minor Variance of this UDO in which the proposed variation is 20 percent or less of the applicable standard. The procedures for considering a Variance are included in Section 1105.15.

Q.

Waiver, Major. A Major Waiver allows the modification or a special exception from the development standards established in the UDO which cannot be modified by a dimensional variance. The Planning Commission shall consider and decide on any major waiver types listed in Section 1105.13.C.

R.

Waiver, Minor. A Minor Waiver allows the modification or a special exception from the development standards established in the UDO which cannot be modified by a dimensional variance. The Zoning Administrator considers and decides on the minor waiver types listed in Section 1105.13.D.

(Ord. 17-O-618, Passed 3-16-17; Ord. No. 23-O-834, § 1(Exh. A), 8-3-23)

A.

General Requirements. This section of the UDO outlines a series of actions that are required for specific development approvals. These actions are:

1.

Approvals by the Zoning Administrator;

2.

Approvals by Planning Commission;

3.

Floodplain permit process;

4.

Major subdivision process; and

5.

Minor subdivision process.

B.

Approvals by Zoning Administrator. The following outlines the procedure under which the Zoning Administrator decides development approvals:

1.

Pre-application Meeting. The applicant shall meet with the Zoning Administrator or their designee prior to submitting an application for plan approval in accordance with Section 1105.03.G. The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements. No opinion, suggestions, or recommendations discussed may be relied on by the applicant as a guarantee of subsequent approval or disapproval of the proposal.

2.

Formal Application Submittal. The applicant shall submit an application that meets all of the applicable requirements of the UDO. This shall occur consistent with the submittal schedule indicating application submittal and meeting dates established by the City of Riverside.

3.

Review for Application Completeness. Upon receipt of an application, the Zoning Administrator shall, within seven (7) business days, review the application for completeness. If it is incomplete, the Zoning Administrator shall advise the applicant of the deficiencies and shall not move the application forward until the deficiency is corrected. If it is complete and appropriate in the Zoning Administrator's professional judgment, the application may forwarded to the TRC, if applicable.

4.

Review by the TRC. Members of the TRC may review the application and provide comments within ten business days to the Zoning Administrator.

5.

Action by the Zoning Administrator. Within 15 days of a complete application's acceptance or within five (5) business days from the time all TRC comments have been addressed, the Zoning Administrator shall render a decision to approve, approve with conditions, or deny an application. The decision shall be communicated by permit, Certificate of Zoning Compliance or letter to the applicant citing the reasons for the decision.

6.

Appeal. Any decision by the Zoning Administrator or their designee can be appealed to the Board of Zoning Appeals per the process outlined in this chapter.

C.

Approvals by Planning Commission. The following outlines the procedure under which the Planning Commission decides development approvals:

1.

Pre-application Meeting. The applicant shall meet with the Zoning Administrator or their designee prior to submitting an application for plan approval in accordance with Section 1105.03.G. The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements. No opinion, suggestions, or recommendations discussed may be relied on by the applicant as a guarantee of subsequent approval or disapproval of the proposal.

2.

Formal Application Submittal. The applicant shall submit an application meeting all of the applicable requirements of the UDO. This submittal shall occur consistent with the meeting dates and submittal schedule established by the Planning Commission.

3.

Review for Application Completeness. Upon receipt of an application, the Zoning Administrator shall, within seven (7) business days, review the application for completeness. If it is incomplete, the Zoning Administrator shall advise the applicant of the deficiencies and shall not move the application forward until the deficiency is corrected. If it is complete, the Zoning Administrator shall forward the application to the TRC, if applicable.

4.

Preparation of Agenda and Public Notice. Following certification that an application is complete, the Zoning Administrator shall place the application on the agenda of the Planning Commission's next regularly scheduled meeting only when all TRC comments have been addressed. Notice of the hearing shall be met as outlined in Table 1105.03-1 of this UDO.

5.

Review by TRC. Members of the TRC may review the application at a meeting and provide comments within ten business days to the Zoning Administrator. No application shall be placed on the Planning Commission agenda until all TRC comments have been resolved. The Zoning Administrator shall have the discretion to place an application on Planning Commission's agenda with minor comments still outstanding and recommend to the Commission the outstanding comments be conditions of approval.

6.

Preparation of Staff Report. The Zoning Administrator shall prepare a staff report providing an analysis of the proposal and a recommendation. The Zoning Administrator shall consider comments from the TRC in formulating a recommendation. The application and written report shall be forwarded to the Planning Commission at least seven (7) days prior to the meeting at which the Planning Commission will consider the application.

7.

Action by the Planning Commission. The Planning Commission shall consider the application at its formal public meeting. It shall hear a presentation by staff as appropriate, a presentation by the applicant, and comments by interested parties. The Planning Commission shall consider this information and render a decision at the public meeting. If necessary, it can table and continue hearing the application for no more than 60 days with the concurrence of the applicant, at which time it shall render a decision. Failure to render a decision shall be deemed a denial. In rendering a decision, the Planning Commission shall consider the applicable decision criteria of this UDO. The decision of the Planning Commission shall indicate the specific reasons(s) upon which the decision is based. The Planning Commission shall approve, approve with conditions or deny an application. Its decision shall take effect immediately.

D.

Floodplain Permit Procedure. The Zoning Administrator or their designee is hereby appointed to administer and implement the UDO by granting or denying floodplain permit applications in accordance with its provisions.

1.

Procedure. The Zoning Administrator shall:

a.

Review all floodplain permits to determine that the permit requirements of the UDO have been satisfied;

b.

Review all floodplain permits to determine if the proposed development is located within a designated floodway. Floodways are delineated on the Flood Insurance Rate Map (FIRM) as prepared and maintained by the Federal Emergency Management Agency (FEMA).

c.

If the proposed development is located within a designated floodway, assure that the encroachment complies with the provisions of Section 1113.19; and

d.

If determined as appropriate, submit an application for a floodplain permit to the TRC for review prior to their approval.

2.

Information to be Obtained and Maintained. Where base flood elevation data are utilized within areas of special flood hazard on the FIRM, the following provisions apply:

a.

Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not such structures contain an enclosure below the lowest floor; and

b.

For all new or substantially improved flood proofed nonresidential structures: verify and record the actual elevation (in relation to mean sea level) to which the structure was flood proofed; maintain the flood proofing certifications required in Section 1113.19; and maintain for public inspection all records pertaining to the provisions of the UDO.

3.

Alteration of Watercourse. The Zoning Administrator shall also:

a.

Notify adjacent communities and the Ohio Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA. A watercourse is considered to be altered, if any change occurs within its banks;

b.

Maintain engineering documentation required in Section 1113.19 that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished;

c.

Require that necessary initial construction and maintenance will be provided for that altered or relocated portion of said watercourse so that it remains where planned and the flood carrying capacity will not be diminished; and

d.

Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 1105.19 of this UDO.

E.

Subdivision Major. Before any land is subdivided the owner of the property proposed to be subdivided, or their authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures, which include a Preliminary Plat and Final Plat.

1.

Preliminary Plat Pre application Meeting. The developer/ subdivider shall meet with the Zoning Administrator prior to submitting a Preliminary Plat for consideration by the Planning Commission in accordance with the pre-application meeting standards in Section 1105.03.G. Following the conclusion of the meeting, the Zoning Administrator may forward to the developer/subdivider a written summary of the results of the pre-application meeting including recommendations and all attached comments if requested by the developer/subdivider.

2.

Preliminary Plat Review by Zoning Administrator. Upon receipt of an application, the Zoning Administrator shall, within seven (7) business days, review the application for completeness. If it is incomplete, the Zoning Administrator shall advise the applicant of the deficiencies and shall not process the application until all the necessary required information has been provided. If the application is complete, the Zoning Administrator may submit the application to the TRC.

3.

Preliminary Plat Review by the TRC. The TRC shall review the application after the Zoning Administrator determines that the application is complete and forward its comments within ten business days to the Zoning Administrator. The Zoning Administrator shall forward copies of all relevant documents filed with the City of Riverside to the Planning Commission along with any report or recommendation of the TRC.

4.

Planning Commission Approval. The Planning Commission shall review the application and decide the Preliminary Plat be approved as requested, or decide that the Preliminary Plat be approved as modified by the Planning Commission; or decide that the Preliminary Plat be denied. The decision of the Planning Commission shall indicate the specific reason(s) upon which the recommendation is based.

5.

Plan Re-submittal. The developer/ subdivider shall submit a reproducible original Preliminary Plat meeting the approval and conditions of the Planning Commission to the Zoning Administrator for approval and signature. The Preliminary Plat shall meet the submittal requirements of this chapter. In the event the Preliminary Plat was denied by the Planning Commission the developer/subdivider may resubmit in accordance with Section 1105.03.D.

6.

Expiration. The approval of a Preliminary Plat by the Planning Commission shall be effective for a maximum period of six (6) months and shall guarantee that the terms under which the approval was granted will not be affected by changes to the UDO. If after this six (6) month period, any phase(s) or portion(s) of the original approved Preliminary Plat has not received Final Plat approval, then no Final Plat approval will be given unless one six-month extension of the Preliminary Plat approval is requested in writing to and granted by the Community Development Director prior to the expiration date. The Community Development Director may grant no more than one six-month extension.

7.

Construction Drawings. The applicant shall submit the number of sets as determined by the Director of Public Services and one digital copy of construction drawings for all public infrastructure improvements per the City Engineer's requirements.

8.

Final Plat Pre application Meeting. The developer/subdivider is encouraged to meet with the Zoning Administrator or their designee prior to submitting a Final Plat for consideration by the Planning Commission. Following the conclusion of the meeting, the Zoning Administrator may forward to the developer/subdivider a written summary of the results of the pre application meeting including recommendations and all attached comments upon the applicant's request.

9.

Final Plat Review by Zoning Administrator. Upon receipt of an application, the Zoning Administrator or their designee shall, within seven (7) business days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the Zoning Administrator shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been submitted.

10.

Final Plat Review by TRC. The TRC may review the application after the Zoning Administrator determines that the application is complete and forward its comments within ten business days to the Zoning Administrator. The Zoning Administrator shall forward copies of all relevant documents filed with the City of Riverside to the Planning Commission along with any report or recommendation of the TRC.

11.

Planning Commission Meeting and Approval. The Planning Commission shall, within no more than 60 days after the public meeting where such plat in introduced, approve the Final Plat as requested; approve the Final Plat as modified by the Planning Commission; or deny the Final Plat. The decision of the Planning Commission shall indicate the specific reason(s) upon which their decision is based.

12.

Recording of Final Plat. Once a Final Plat has been approved by the Planning Commission, the developer/subdivider shall make all modifications. All Final Plats must be recorded within 12 months of the date of approval. Final Plats may not be recorded until all required signatures of officials have been placed on the Final Plat. If not recorded, all Final Plats shall officially expire after 12 months from the date of signature by the appropriate officials. Once the Final Plat has been properly signed by the appropriate officials, the applicant can file the Final Plat with the Montgomery County Recorder, which shall process the Final Plat prior to its recording.

13.

Expedited Subdivision Procedure. In cases where the proposed subdivision includes less than ten lots and can be developed in one phase, the application may not warrant the full submittal procedure as determined by the Zoning Administrator in consultation with the TRC. If so determined, the applicant may combine the Final Site Plan, as outlined in this chapter. and in the Final Plat procedures. In doing so the same procedural steps will occur, however, a single set of documents for both the Final Site Plan and Final Plat will be submitted as directed by the Zoning Administrator. The time frame for review and approval of a Major Subdivision under this procedure shall be consistent with the general time frame.

F.

Final Plat Amendment. Upon the application of an owner(s) or agent of land described in a Final Plat, the Planning Commission may amend the Final Plat, in whole or in part, where unusual or exceptional factors or conditions require the amendment to avoid undue hardship.

1.

Plat Amendment Defined. A plat amendment is the alteration of a Final Plat that changes any of the feature(s) required to be set forth in the plat by this chapter. The vacation or alteration of any street, road, highway, alley or easement by the City of Riverside is not a plat amendment subject to the requirements of this section.

2.

Filing Requirements. The applicant(s) shall file with the City of Riverside a Final Plat amendment which meets the requirements of this section and other City of Riverside ordinances as applicable, together with an application for approval thereof, an original plat, and a fee for the review of said plat amendment.

3.

Procedure. The procedure for a Final Plat amendment shall be as follows:

a.

The applicant(s) shall file with the City of Riverside an application including required submittals, which sets forth the location and description of the proposed plat amendment and the reason(s) why the amendment of the plat is sought. A copy of the application shall be filed along with the required sets of amended plat drawings proposed by the applicant(s); and

b.

The City of Riverside shall give notice of the proposed plat amendment application in accordance with Table 1105.03-1.

4.

Compliance Review. Within five days after the Final Plat amendment application has been filed with the City of Riverside, a copy thereof may be transmitted to the TRC, who will check said plat to determine adequacy with existing street, storm, sanitary, water and utility services. If said final plat amendment does so conform, the TRC, within ten days after said plat has been transmitted to him/her, will return said plat to the Zoning Administrator, together with a report verifying adequacy of the proposed amendment. The Zoning Administrator shall thereupon transmit the report to the Planning Commission for its consideration.

5.

Planning Commission Review. At the first meeting of the Planning Commission after a copy of the Final Plat amendment application, together with the staff report and recommendation, has been received by the Planning Commission, it shall consider the Final Plat amendment and the Planning Commission shall take action regarding the plat amendment request. If the final plat amendment is approved by Planning Commission, the applicant(s) shall follow all Final Plat filing requirements, inclusive of the approved amendment.

G.

Vacation of Streets, Alleys, Easements. City Council may, by ordinance, vacate or alter any street, road, highway, alley or easement upon finding that there is good cause for such vacation or alteration. Any such vacation or alteration shall first be reviewed by the Zoning Administrator in consultation with the Director of Public Service, in order to make a recommendation to City Council. Notice of the intention of City Council to vacate or alter any street, road, highway, alley or easement shall be published in a newspaper of general circulation in the City of Riverside for 30 days preceding such action unless all abutting landowners have filed written statements of consent to the proposed action with the Community Development Department, in which case no notice is required. Any application to vacate or alter any street, road, highway, alley or easement shall be accompanied by a fee.

(Ord. 17-O-618, Passed 3-16-17; Ord. No. 23-O-834, § 1(Exh. A), 8-3-23)

A.

Definition. A waiver is the modification, reduction or special exception of the development standards and minimum requirements established by this Unified Development Ordinance which cannot be modified by a dimensional variance. Use, conditional use, density, and lot coverage cannot be modified by this process. Only site, building and structure design elements are subject to the waiver provisions of the UDO. Regulations that prohibit certain structures or activities, and other non-design related standards may not be waived. Standards based on public health and safety concerns may not be waived.

B.

Waiver Process. The Planning Commission has the authority to grant Waivers. The Planning Commission may authorize, in specific cases, such waivers from the terms of this UDO as will not be contrary to the public interest, health or safety.

1.

Pre-Application Meeting. The applicant may meet with the Zoning Administrator or their designee prior to submitting a waiver request for consideration by the Planning Commission in accordance with Section 1105.03.G. Following the conclusion of the meeting, the zoning staff may forward to the applicant a written summary of the results of the pre application meeting including recommendations and all attached comments upon the applicant's request.

2.

Preliminary Review by Staff. Upon receipt of an application, the zoning staff shall, within five days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the staff shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If it is complete, the staff may forward the application to the TRC.

3.

Review by the TRC. The TRC may review the application after the staff determines that the application is complete and forward its comments within ten days to the staff. The staff shall forward copies of all documents filed with the staff to the Planning Commission along with any report or recommendation of the TRC.

4.

Public Hearing and Notice. After determining that an application contains all the necessary and required information and all TRC comments have been addressed, the Zoning Administrator shall place the application on the agenda of the Planning Commission and schedule a public hearing on the proposed waiver. Notice of the hearing shall be provided in accordance with Table 1105.03-1. The notice shall state the time and place of the hearing and a summary of the proposed waiver. All documentation, including any maps and plans, shall be on file for public examination in the City of Riverside Administrative Offices.

5.

Notice to Property Owners. Written notice of the public hearing shall be provided to all owners of property within 300 feet of the subject parcel. Such notice shall be sent by mail in accordance to Table 1105.03-1 to the owners appearing in the County Auditor's current tax records.

6.

Planning Commission Hearing. The Planning Commission shall conduct a public hearing and review the application.

7.

Planning Commission Action. The Planning Commission may by a vote of the majority of its members approve the waiver as requested; approve with modifications; or deny the waiver. The Planning Commission shall indicate the specific reason(s) for its decision.

8.

Additional Conditions and Safeguards. The Planning Commission may further prescribe any reasonable conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the waiver applies will be met.

9.

Expiration of the Waiver. Waivers shall expire one (1) year from the date of enactment unless otherwise specified by the Planning Commission. The applicant shall apply for a Certificate of Zoning Compliance in accordance with the granted waiver within 90 days of the approved waiver. There shall be no modification of major waivers except by further consideration of the Planning Commission. Requests for renewal of an expired waiver shall be considered to be the same as an application for a waiver and shall meet all requirements for application and review pursuant to Section 1105.13.

10.

Extension of waivers, without modification, may be applied for at least 30 days prior to the date of expiration, if the waiver does not carry a prohibition against the extension. Extensions may be granted by the Zoning Administrator if the requested extension is 90 days or less. The Planning Commission must approve an extension request more than 90 days. Extensions may be granted by the Planning Commission if it finds that the requested extension is consistent with the purpose, policies, intent of, and the specifications of the UDO.

C.

Waivers Approved by Planning Commission. The below waivers can be approved by the Planning Commission in accordance with the review process outlined in Section 1105.13.B and must meet the standards for approval as listed in Section 1105.13.E unless otherwise specified in this UDO.

1.

Sidewalks Waiver. Any new development is required to provide sidewalks in accordance to Section 1341.01.

a.

New Major Residential Subdivision Developments may request to waive the requirement of sidewalks on both side of the street, only one side of the street or eliminate the requirement of sidewalks throughout all or part of the plat per Section 1111.05.D.1.e.

b.

The Director of Public Services and/or City Engineer must review the waiver request to determine if the new development extends an established pattern of roadway design that has been shown to adequately serve the area's transportation needs.

2.

Lot Depth to Width Ratio as contained in Section 1111.07.B.8.

3.

Site Grading & Drainage as contained in Section 1113.17.B

4.

Design waiver for Architectural Standards contained in Sections 1115.11.B and 1115.11.C.

5.

Exceptional Signs. Exceptional sign reviews are proposals that do not meet the current requirements of the sign regulations or those cases where a certain sign design is not an authorized type of sign. This review cannot authorize sign types or design elements which are prohibited by the sign regulations. The Exceptional Sign Waiver applies to the following:

a.

Signage that does not meet a design standard established by the sign regulation (e.g. sign style, LED timing restriction, etc.)

b.

Signage that does not meet the definitions for sign types authorized by the sign regulations (e.g. sign projecting more than 12 inches from the façade, etc.)

6.

Landscape Waivers. The Planning Commission shall have the authority to grant waivers or modifications of the landscaping, screening, and buffering requirements contained in Section 1113.07.

7.

Major Parking Waivers. In extraordinary cases in which the requirements of Section 1113.11.F. would create a hardship in the use of a particular site, the Planning Commission may consider granting a Parking Waiver reduction of more than 20% of the required parking spaces.

a.

When Required. Parking Waivers are required when an applicant wishes to provide less parking than required, or when an applicant wishes to use on street parking spaces that are not directly adjacent or abutting the development site, or parking spaces located in a public parking lot to meet the minimum number of spaces required.

b.

Standards for Approval. The following standards are applicable to parking waivers only. In granting Major Parking Waivers the Planning Commission must find:

1)

The parking waiver is in compliance with the Comprehensive Plan;

2)

The applicant made a good faith effort to provide as many parking spaces as possible on the site, on other property under the same ownership, or through joint use agreements;

3)

Adjacent or nearby properties will not be affected; and

4)

A professional parking study was provided which shows the requirements in Section 1113.11.F. do not accurately depict the parking needs of the proposed use and the requested reduction will accommodate the parking demand to be generated by the proposed use.

c.

Parking Studies.

1)

When Required. A parking study shall be required when any of the following occurs:

i.

An applicant requests a major parking waiver to allow the provision of less parking than required.

ii.

The Director of Public Services and/or City Engineer, upon consultation with the Zoning Administrator, requests a Parking Study due to unusual circumstances on or near the site.

iii.

Exception: A Parking Study shall not be required if a corridor or area specific parking plan has been conducted that includes the development site in questions or if the waiver request is for a reduction of 20% or less.

2)

Content. A Parking Study submitted to satisfy requirements of this Part shall include the following information. The Director of Public Services and/or City Engineer, upon consultation with the Zoning Administrator, may waive any of these required contents or require additional information depending upon the specifics of the application. The Parking Study shall be reviewed by and must be acceptable to the Director of Public Services and/or City Engineer upon consultation with the Zoning Administrator.

i.

An analysis of the peak parking demand for two similar or like facilities in terms of use and size. The analysis should include the facilities' peak parking days of the week and hours of the day, as depicted by a study of the existing parking spaces hourly during the peak hours of usage and hourly four(4) hours before and after that time for each facility. It should also include the number of spaces each facility contains; or

ii.

The results of at least three (3) separate site surveys, conducted on different days, which depict the usage of the existing parking spaces hourly during the peak hour of usage and hourly four hours before and after that time. Site surveys are not needed for any portion of the period four (4) hours before and after the peak hour in which the use is not in operation. One of the days surveyed should be the peak day or busiest day of operation, if one can be determined for the specific use(s); and

iii.

Any other information requested by the Director of Public Services and/or the City Engineer; and

iv.

A map showing the location of on-street and off-street parking spaces used in the parking study. The map shall clearly delineate the location and number of spaces used in the study.

D.

Waivers Approved by Staff. The below waivers can be approved by the Zoning Administrator in accordance with the review process outlined in Section 1105.15.C and must meet the standards for approval as listed in Section 1105.13.E. The Zoning Administrator may choose to bring the waiver to the Planning Commission for further review, notice of this meeting shall be in accordance with Section 1105.13.B.

1.

Minor Parking & Loading Waiver.

a.

Reductions of 20% or less, or five (5) spaces or less (no matter the percentage); and

b.

Off-street loading requirements for uses that are required to provide fewer than five (5) loading spaces, or any other uses if it can be demonstrated by the applicant that the proposed use has no need for off-street loading.

2.

Exceptional Sign Waiver requesting one (1) additional ground sign on the premises.

a.

This provision may only apply to corner lots.

b.

One ground sign may be permitted for each street frontage.

3.

A waiver to allow the residential portion of Live/Work development in the Urban Core Overlay District to be located on the upper floor(s).

4.

Design waiver for Architectural Standards for Nonresidential Land Uses.

a.

Building Design and Mass

1)

A waiver to reduce the percentage of the cap, base, or body by 20% or less.

2)

Elimination of cap architectural features as described in Section 1115.11.

b.

Landscape Waivers. Waiver requests for reduction of five (5) or fewer trees or a reduction constituting less than 10% of the total tree canopy required, whichever is less.

E.

Standards for Approval. The following factors shall be considered and weighed in determining whether practical difficulty exists sufficient to warrant a waiver:

1.

Whether the waiver will have an adverse effect on adjacent property owners;

2.

Whether the proposed development is in conformance with the principles of the City's Comprehensive Land Use Plan.

3.

Whether the applicant can show that the regulation will cause a practical difficulty or strict application of the provisions of the regulations would deprive the applicant of the reasonable use of the land;

4.

Whether the proposed development design, site arrangement, and/or anticipated benefits of the proposed development justify any deviation from the design standards found herein;

5.

Whether the applicant has incorporated other design measures that exceed the minimums of the requirement and compensate for non-compliance with the requirements to be waived (net beneficial effect).

(Ord. 17-O-618, Passed 3-16-17; Ord. No. 23-O-834, § 1(Exh. A), 8-3-23)

A.

Definition. A variance may be granted allowing deviations from the height, mass, setback, or other dimensional requirements established by the zoning and subdivision provisions of the UDO where practical difficulties unique to the property in question prevent full compliance with such provisions.

B.

Major Variance Process. The BZA has the authority to grant Major Variances. The BZA may authorize, in specific cases, such variance from the terms of this UDO as will not be contrary to the public interest.

1.

Pre-application Meeting. The applicant may meet with the Zoning Administrator or their designee prior to submitting a variance request for consideration by the BZA in accordance with Section 1105.03.G. Following the conclusion of the meeting, the Zoning Administrator may forward to the applicant a written summary of the results of the pre application meeting including recommendations and all attached comments upon the applicant's request.

2.

Preliminary Review by the Zoning Administrator. Upon receipt of an application, the Zoning Administrator shall, within seven (7) business days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the Zoning Administrator shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If it is complete, the Zoning Administrator may forward the application to the TRC.

3.

Variance Review by the TRC. The TRC may review the application after the Zoning Administrator determines that the application is complete and forward its comments within ten business days to the Zoning Administrator. The Zoning Administrator shall forward copies of all relevant documents filed with the City of Riverside to the BZA along with any report or recommendation of the TRC.

4.

Variance Public Hearing and Notice. Within seven (7) business days of determining that an application contains all the necessary and required information, the Zoning Administrator shall place the application on the agenda of the BZA and schedule a public hearing on the proposed variance. Notice of the hearing shall be provided in accordance with Table 1105.03-1. The notice shall state the time and place of the hearing and a summary of the proposed variance. All documentation, including any maps and plans, shall be on file for public examination in the City of Riverside Administrative Offices.

5.

BZA Hearing. The BZA shall conduct a public hearing and review the application.

6.

BZA Action. The BZA may by a vote of the majority of its members approve the variance as requested; approve with modifications; or deny the variance. The BZA shall indicate the specific reason(s) for its decision.

7.

Additional Conditions and Safeguards. The BZA may further prescribe any reasonable conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.

C.

Minor Variance Process. The Zoning Administrator has the authority to grant Minor Variances when the proposed variation is 20 percent or less of the applicable standard. The Zoning Administrator may authorize, in specific cases, such variance from the terms of this UDO as will not be contrary to the public interest.

1.

Pre-application Meeting. The applicant may meet with the Zoning Administrator prior to submitting a variance request for consideration in accordance with Section 1105.03.G. Following the conclusion of the meeting, the Zoning Administrator shall forward to the applicant a written summary of the results of the pre application meeting including recommendations and all attached comments upon the applicant's request.

2.

Preliminary Review by the Zoning Administrator. Upon receipt of an application, the Zoning Administrator shall, within five (5) business days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the Zoning Administrator shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If it is complete, the Zoning Administrator may forward the application to the TRC.

3.

Variance Review by the TRC. The TRC may review the application after the Zoning Administrator determines that the application is complete and forward its comments within seven (7) business days to the Zoning Administrator. The Zoning Administrator shall forward copies of all relevant documents filed with the City of Riverside to the TRC.

5.

Zoning Administrator Action. The Zoning Administrator may approve the variance as requested; approve with modifications; or deny the variance. The Zoning Administrator shall indicate the specific reason(s) for their decision.

6.

Additional Conditions and Safeguards. The Zoning Administrator may further prescribe any reasonable conditions and safeguards that they deem necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.

D.

Expiration of the Variance. Variances shall expire one year from the date of enactment unless indicated in the written approval. The applicant shall apply for a Certificate of Zoning Compliance in accordance with the granted variance within 90 days of the variance approval. There shall be no modification of major variances except by further consideration of the Zoning Administrator if the requested modification a change of 10 percent or less from the approved variance. All other modification requests must be considered and approved by the BZA.

1.

Extensions of Variance Approvals. Extension of variances, without modification, may be applied for at least 30 days prior to the date of expiration, if the variance does not carry a prohibition against the extension. Extensions may be granted by the Zoning Administrator if the requested extension is 90 days or less. The BZA must approve an extension request more than 90 days. Extensions may be granted if the requested extension is consistent with the purpose, policies, intent of, and the specifications of the UDO.

2.

Requests for the renewal of an expired variance shall be considered to be the same as an application for a new variance application and shall meet all requirements for application and review pursuant to Section 1105.15.

E.

Standards for Approval. The following factors shall be considered and weighed in determining whether practical difficulty exists sufficient to warrant a variance:

1.

Whether the property in question will yield reasonable return or whether there can be any beneficial use of the property without the variance;

2.

Whether the variance is substantial;

3.

Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

4.

Whether the variance would adversely affect the delivery of governmental services (i.e. water, sewer, garbage);

5.

Whether the property owner purchased the property with knowledge of the zoning restriction;

6.

Whether the property owners' predicament feasibly can be obviated through some method other than a variance;

7.

Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

8.

See Section 1113.19.BB. for additional standards as they apply to a variance from the Floodplain Design Standards.

F.

Submittal Requirements. An application for a Variance shall be filed on a form provided by the City of Riverside, and shall be accompanied by the following requirements:

1.

Name, address, email address, and phone number of applicant(s) and property owner or designated agent;

2.

Proof of ownership, legal interest or written authority;

3.

Legal Description of property or portion thereof;

4.

Description or nature of variance requested;

5.

Narrative statements establishing and substantiating the justification for the variance pursuant to Section 1105.15.E;

6.

Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;

7.

Payment of the application fee as established by City Council; and

8.

Any other documents deemed necessary by the Zoning Administrator.

(Ord. 17-O-618, Passed 3-16-17; Ord. No. 23-O-834, § 1(Exh. A), 8-3-23)

A.

Responsibility. This section specifies the appeal procedure of administrative and Planning Commission decisions. Appeals may be taken to the Board of Zoning Appeals by any aggrieved party, the City Manager, or the City Manager's designee.

1.

Appeal of Administrative Action. Notwithstanding other specific appeal procedures in the UDO, the Board of Zoning Appeals (BZA) shall hear and decide upon appeals where it is alleged there is an error in any written order, requirement, decision, interpretation, or determination by City of Riverside staff in the enforcement of the UDO.

2.

Appeals of Planning Commission Decisions. The BZA shall hear and decide upon appeals where it is alleged there is an error in the written decision made by the Planning Commission in the enforcement or interpretation of the UDO.

3.

Appeals of BZA. Appeals of BZA decision shall be to the Montgomery County Court of Common Pleas.

B.

Appeals to BZA. The following outlines the appeals process and notification requirements for appeals to the BZA from an administrative decision:

1.

An appeal to the BZA may be taken by any person aggrieved by a decision of the City of Riverside Administrative Staff or the Planning Commission in their enforcement of this UDO. Such appeal shall be made within ten (10) days from the date of the action appealed from by filing an appeal application at the City of Riverside Administrative Offices. The appeal application shall include:

a.

A statement citing the specific provision of the Zoning Code that are alleged to have been interpreted in error or the specific action being appealed and the grounds on which the appeal is being made;

b.

A statement as to why the appellant has a standing as an aggrieved party to pursue the appeal;

c.

Such other information as the City of Riverside or any of its, Boards, Commissions, Departments, or Officers may reasonably require; and

d.

The required application fee.

The Zoning Administrator shall transmit to the BZA the full appeal application and related attachments constituting the record upon which the action appealed from was taken.

2.

Upon the filing of the appeal, the Zoning Administrator shall give notice by one publication in a newspaper of general circulation at least ten (10) days before the date of the hearing and shall give notice of the hearing to the parties in interest and the property owners within 300 feet of the subject site. For appeals of a Planning Commission decision interested parties identified at the public hearing shall be notified.

3.

The BZA shall hear the appeal at its first meeting occurring after such required publication and notice. It shall decide the case within 30 days from the date of such hearing and provide for its findings in writing. At the hearing, any party may appear in person or be represented by an agent or attorney.

(Ord. 17-O-618, Passed 3-16-17; Ord. No. 23-O-834, § 1(Exh. A), 8-3-23)

Editor's note— Ord. No. 23-O-834, § 1(Exh. A), adopted August 3, 2023, repealed § 1105.19, which pertained to waiver procedure and derived from Ord. No. 21-O-771, § 1(Exh. A), 7-22-21.